Therefore, at least, for purposes of charge processing, the
Commission will seek damages where otherwise appropriate, even if
the complaining party has an ongoing § 1981 court action, as
long as the complaining party has not recovered under §
1981. Because the Commission has no enforcement authority under
§ 1981, its decisions concerning appropriate relief cannot
rest on contingencies that may, or may not, occur under §
1981. Any other interpretation would prevent the Commission from
being able to settle race discrimination claims, to the equal
detriment of complaining parties and respondents.